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C 151 E/222 EN Official Journal of the European Communities 25.6.

2002

Proposal for a Council Decision on the conclusion of an additional Protocol to the Europe
Agreement establishing an Association between the European Communities and their Member
States, of the one part, and the Republic of Latvia, of the other part, on Conformity Assessment
and Acceptance of Industrial Products (PECA)

(2002/C 151 E/13)


COM(2002) 111 final — 2002/0058(ACC)

(Submitted by the Commission on 5 March 2002)

THE COUNCIL OF THE EUROPEAN UNION, (7) Certain tasks for implementation have been conferred to
the Association Council and in particular the power to
amend the Annexes to the Protocol.
Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof, in
conjunction with the first sentence of the first subparagraph
of Article 300(2), the first sentence of the first subparagraph of (8) The appropriate internal procedures should be established
Article 300(3) and Article 300(4) thereof, to ensure the proper functioning of the Protocol.

Having regard to the proposal from the Commission,


(9) It is necessary to empower the Commission to make
certain technical amendments to this Protocol and to take
Whereas: certain decisions for its implementation,

(1) The Europe Agreement establishing an association between


the European Communities and their Member States, of the HAS DECIDED AS FOLLOWS:
one part, and the Republic of Latvia, of the other part (1),
entered into force on 1 February 1998.

(2) Article 76(2) of the Europe Agreement provides that coop- Article 1
eration in the fields of standardisation and conformity
assessment shall seek to achieve the conclusion of The Protocol to the Europe Agreement with the Republic of
agreements on mutual recognition. Latvia on Conformity Assessment and Acceptance of Industrial
Products (hereinafter referred to as ‘the Protocol’), as well as the
declaration annexed to the Final Act thereto, are hereby
(3) Article 114(2) of the Europe Agreement provides that the approved on behalf of the European Community.
Association Council may delegate to the Association
Committee any of its powers.
The text of the Protocol, and of the declaration annexed to the
(4) Article 2 of Decision 98/98/EC, ECSC, Euratom of the Final Act thereto, is attached to this Decision.
Council and the Commission of 19 December 1997 on
the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Latvia, of the other part (2), Article 2
provides for the Community decision-making procedures
and for the presentation of the Community position in The President of the Council shall, on behalf of the
the Association Council and in the Association Committee. Community, transmit the diplomatic note provided for in
Article 17 of the Protocol (4).
(5) Article 14 of Decision No 1/98 of the Association Council
between the European Communities and their Member
States, of the one part, and the Republic of Latvia, of the
other part of 23 February 1998 on its rules of procedure (3) Article 3
provides that the Association Committee may set up
further subcommittees or groups to assist in carrying out 1. The Commission, after consultation with the special
its duties. committee appointed by the Council, shall:

(6) The draft Protocol to the Europe Agreement on Conformity


(a) carry into effect the notifications, acknowledgements,
Assessment and Acceptance of Industrial Products, has
suspensions and withdrawals of bodies, and appointments
been signed in Brussels on [. . . 2000], on behalf of the
of joint team or teams of experts, in accordance with
Community, and should be approved.
Articles 10, 11 and 14, indent (c) of the Protocol;

(1) OJ L 26, 2.2.1998, p. 3.


(4) The date of entry into force of the Protocol will be published in the
(2) OJ L 26, 2.2.1998, p. 1. Official Journal of the European Communities by the General Secretariat
(3) OJ L 73, 12.3.1998, p. 31. of the Council.
25.6.2002 EN Official Journal of the European Communities C 151 E/223

(b) bring about the consultations, exchange of information, the (b) addition of new Annexes in accordance with Article 14,
requests for verifications and for participation in verifi- point (b) of the Protocol;
cations, in accordance with Articles 3, 12 and 14,
indents (d) and (e), and Sections III and IV of the (c) any decisions regarding disagreements on the results of the
Annexes to the Protocol concerning electrical safety, elec- verifications and the suspensions, in part or totally, of any
tromagnetic compatibility, toys and construction products; notified body in accordance with the second and third
subparagraphs of Article 11 of the Protocol;
(c) if necessary, reply to requests in accordance with Article (d) any measures taken in the application of the safeguard
11, Sections III and IV of the Annexes to the Protocol clauses in Section IV of the Annexes of the Protocol
concerning electrical safety, electromagnetic compatibility, concerning electrical safety, electromagnetic compatibility,
toys and construction products. toys and construction products;

2. Following consultation of the special committee referred (e) any measures concerning the verification, suspension, or
to in paragraph 1 of this Article, the Commission shall withdrawal of industrial products as having mutual
determine the position to be taken by the Community in the acceptance under Article 4 of the Protocol.
Association Council and, where applicable, in the Association
Committee, with regard to: 3. In all other cases the position to be taken by the
Community in the Association Council and, where applicable,
in the Association Committee, with regard to this Protocol
(a) amendments to the Annexes in accordance with Article 14, shall be determined by the Council, acting by qualified
point (a) of the Protocol; majority on a proposal from the Commission.

ANNEX

Protocol to the Europe Agreement establishing an Association between the European


Communities and their Member States, of the one part, and the Republic of Latvia, of the other
part on Conformity Assessment and Acceptance of Industrial Products (PECA)

The European Community and the Republic of Latvia hereinafter referred to as ‘the Parties’,

Whereas the Republic of Latvia has applied for membership of the European Union and such membership
implies the effective implementation of the acquis of the European Community,

Recognising that the progressive adoption and implementation of Community law by the Republic of
Latvia provides the opportunity to extend certain benefits of the internal market and to ensure its effective
operation in certain sectors before accession,

Considering that, in the sectors covered by this Protocol, the Latvian national law substantially takes over
the Community law,

Considering their shared commitment to the principles of free movement of goods and to promoting
product quality, so as to ensure the health and safety of their citizens and the protection of the
environment, including through technical assistance and other forms of cooperation between them,

Desiring to conclude a Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
industrial products (hereafter the Protocol) providing for the application of the mutual acceptance of
industrial products which fulfil the requirements to be lawfully placed on the market in one of the
Parties and of the mutual recognition of the results of conformity assessment of industrial products
which are subject to Community or national law, noting that Article 76 of the Europe Agreement
provides, where appropriate, for the conclusion of an agreement on mutual recognition,

Noting the close relationship between the European Community and Iceland, Liechtenstein and Norway
through the Agreement on the European Economic Area, which makes it appropriate to consider the
conclusion of a parallel European Conformity Assessment Agreement between the Republic of Latvia and
these countries equivalent to this Protocol,
C 151 E/224 EN Official Journal of the European Communities 25.6.2002

Bearing in mind their status as Contracting Parties to the Agreement establishing the World Trade
Organisation, and conscious in particular of their obligations under the World Trade Organisation
Agreement on Technical Barriers to Trade,

HAVE AGREED AS FOLLOWS:

Article 1 Article 3

Purpose Alignment of legislation


The purpose of this Protocol is to facilitate the elimination by For the purpose of this Protocol, the Republic of Latvia agrees
the Parties of technical barriers to trade in respect of industrial to take appropriate measures, in consultation with the
products. The means to this end is the progressive adoption European Commission, to maintain or complete the take-over
and implementation by the Republic of Latvia of national law, of Community law, in particular in the fields of standardisation,
which is equivalent to Community law. metrology, accreditation, conformity assessment, market
surveillance, general safety of products, and producer's liability.

This Protocol provides for:

Article 4
1. the mutual acceptance of industrial products, listed in the Mutual acceptance of industrial products
annexes on ‘mutual acceptance of industrial products’,
which fulfil the requirements to be lawfully placed on the The Parties agree that, for the purpose of mutual acceptance,
market in one of the Parties; industrial products listed in the annexes on ‘mutual acceptance
of industrial products’, which fulfil the requirements to be
lawfully placed on the market of a Party, may be placed on
2. the mutual recognition of the results of conformity the market of the other Party, without further restriction. This
assessment of industrial products subject to Community shall be without prejudice to Article 35 of the Europe
law and to the equivalent Latvian national law, both listed Agreement.
in the annexes on ‘mutual recognition of results of
conformity assessment’.

Article 5

Article 2 Mutual recognition of the results of conformity


assessment procedures
Definitions
The Parties agree to recognise the results of conformity
For the purpose of this Protocol, assessment procedures carried out in accordance with the
Community or national law listed in the annexes on ‘mutual
recognition of the results of conformity assessment’. The Parties
shall not require procedures to be repeated, nor shall they
‘Industrial products’ means products, as specified in Article 9 impose additional requirements, for the purposes of accepting
and in Protocol 2 of the Europe Agreement. that conformity.

‘Community law’ means any legal act and implementing


practice of the European Community applicable to a particular Article 6
situation, risk or category of industrial products, as interpreted
by the Court of Justice of the European Communities. Safeguard clause
Where a Party finds that an industrial product placed on its
territory by virtue of the present Protocol, and used in
‘National law’ means any legal act and implementing practice
accordance with its intended use, may compromise the safety
by which the Republic of Latvia takes over the Community law
or health of users or other persons, or any other legitimate
applicable to a particular situation, risk or category of
concern protected by legislation identified in the annexes, it
industrial products.
may take appropriate measures to withdraw such a product
from the market, to prohibit its placing on the market,
putting into service or use, or to restrict its free movement.
The terms used in this Protocol shall have the meaning given The annexes shall provide for the procedure to be applied in
in Community law and the Latvian national law. such cases.
25.6.2002 EN Official Journal of the European Communities C 151 E/225

Article 7 (b) on the acknowledgement of the other Party, given in


writing, the body will be considered as notified and as
Extension of coverage competent to assess conformity in relation to the
requirements specified in the annexes from that date.
As the Republic of Latvia adopts and implements further
national law taking over Community law, the Parties may
amend the annexes or conclude new ones, in accordance
with the procedure laid down in Article 14.
If a Party decides to withdraw a notified body under its juris-
diction, it shall inform the other Party in writing. The body will
cease to assess conformity in relation to the requirements
specified in the annexes from the date of its withdrawal at
Article 8 the latest. Nevertheless, conformity assessment carried out
before that date shall remain valid, unless otherwise decided
Origin by the Association Council.
The provisions of this Protocol shall apply to industrial
products irrespective of their origin.

Article 11

Verification of notified bodies


Article 9
Each Party may request the other Party to verify the technical
Obligation of Parties as regards their authorities
competence and compliance of a notified body under its juris-
and bodies
diction. Such request will be justified in order to allow the
The Parties shall ensure that authorities under their jurisdiction Party responsible for the notification to carry out the
which are responsible for the effective implementation of requested verification and report speedily to the other Party.
Community and national law shall continuously apply it. The Parties may also jointly examine the body, with the partici-
Further, they shall ensure that these authorities are able, pation of the relevant authorities. To this end, the Parties shall
where appropriate, to notify, suspend, remove suspension ensure the full cooperation of bodies under their jurisdiction.
and withdraw notification of bodies, to ensure the conformity The Parties shall take all appropriate steps, and use whatever
of industrial products with Community or national law or to available means may be necessary, with a view to resolving any
require their withdrawal from the market. problems which are detected.

The Parties shall ensure that bodies, notified under their If the problems cannot be resolved to the satisfaction of both
respective jurisdiction to assess conformity in relation to Parties, they may notify the chairman of the Association
requirements of Community or national law specified in the Council of their dissent, giving their reasons. The Association
annexes, continuously comply with the requirements of Council may decide on appropriate action.
Community or national law. Further, they shall take all
necessary steps to ensure that these bodies maintain the
necessary competence to carry out the tasks for which they
are notified. Unless and until decided otherwise by the Association Council,
the notification of the body and the recognition of its
competence to assess conformity in relation to the
requirements of Community or national law specified in the
annexes shall be suspended in part or totally from the date on
Article 10
which the disagreement of the Parties has been notified to the
Notified bodies chairman of the Association Council.

Initially, the bodies notified for the purpose of this Protocol


will be those included in the lists which the Republic of Latvia
and the European Community have exchanged before the
completion of the procedures for entry into force Article 12
Exchange of information and cooperation

Afterwards, the following procedure shall apply for the notifi- In order to ensure a correct and uniform application and inter-
cation of bodies to assess conformity in relation to the pretation of this Protocol, the Parties, their authorities and their
requirements of Community or national law specified in the notified bodies shall:
annexes:

(a) exchange all relevant information concerning implemen-


(a) a Party shall forward its notification to the other Party in tation of law and practice including, in particular, on
writing; procedure to ensure compliance of notified bodies;
C 151 E/226 EN Official Journal of the European Communities 25.6.2002

(b) take part, as appropriate, in the relevant mechanisms of The Association Council may delegate the above responsi-
information, coordination and other related activities of bilities set out under this Protocol, in conformity with
the Parties. Articles 114(2) of the Europe Agreement.

(c) encourage their bodies to cooperate with a view to estab-


lishing mutual recognition arrangements in the voluntary Article 15
sphere.
Technical cooperation and assistance

Article 13 The European Community may provide technical cooperation


and assistance to the Republic of Latvia where necessary in
Confidentiality order to support the effective implementation and application
of this Protocol.
Representatives, experts and other agents of the Parties shall be
required, even after their duties have ceased, not to disclose
information acquired under this Protocol which is of the kind Article 16
covered by the obligation of professional secrecy. This
information may not be used for purposes other than those Agreements with other countries
envisaged by this Protocol.
Agreements on conformity assessment concluded by either
Party with a country which is not a Party to this Protocol
Article 14 shall not entail an obligation upon the other Party to accept
the results of conformity assessment procedures carried out in
Management of the Protocol that third country, unless there is an explicit agreement
between the Parties in the Association Council.
Responsibility for the effective functioning of this Protocol shall
be held by the Association Council in conformity with Article
110 of the Europe Agreement. In particular, it shall have the Article 17
power to take decisions regarding:
Entry into force
(a) amending the annexes;
This Protocol shall enter into force on the first day of the
second month following the date on which the Parties have
(b) adding new annexes;
exchanged diplomatic notes confirming the completion of their
respective procedures for entry into force of the Protocol.
(c) appointing a joint team or teams of experts to verify the
technical competence of a notified body and its compliance
with the requirements; Article 18
(d) exchanging information on proposed and actual modifi- Status of the Protocol
cations of the Community and national law referred to in
the annexes; This Protocol constitutes an integral part of the Europe
Agreement.
(e) considering new or additional conformity assessment
procedures affecting a sector covered by an annex; This Protocol is drawn up in two originals in Latvian, Danish,
Dutch, English, Finnish, French, German, Greek, Italian,
(f) resolving any questions relating to the application of this Portuguese, Spanish and Swedish languages, each text being
Protocol. equally authentic.
25.6.2002 EN Official Journal of the European Communities C 151 E/227

ANNEXES ON MUTUAL RECOGNITION OF RESULTS OF CONFORMITY ASSESSMENT

Table of contents

1. Electrical Safety
2. Electromagnetic Compatibility
3. Toys
4. Construction Products

ANNEX

on Mutual Recognition of results of Conformity Assessment

ELECTRICAL SAFETY

SECTION I

COMMUNITY AND NATIONAL LAW

Community law: Council Directive 73/23/EEC of 19 February 1973 on the approximation of the laws of the
Member States relating to electrical equipment designed for use within certain voltage limits
(OJ L 77, 26.3.1973, p. 29), as last amended by Directive 93/68/EEC of 22 July 1993 (OJ
L 220, 30.8.1993, p. 1).

National law: Regulations of the Cabinet of Ministers of May 30, 2000 No 187 (Latvijas Vēstnesis
No 201/204, 2.6.2000, p. 4).

SECTION II

NOTIFYING AUTHORITIES

European Community:

— Austria: Bundesministerium für Wirtschaft und Arbeit.

— Belgium: Ministère des Affaires Économiques/Ministerie van Economische Zaken.

— Denmark: Økonomi- og Erhvervsministeriet, Elektricitetsrådet.

— Finland: Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

— France: Ministère de l'économie, des finances et de l'industrie. Direction Générale de l'Industrie, des
Technologies de l'Information et des Postes (DiGITIP) — SQUALPI.

— Germany: Bundesministerium für Arbeit und Sozialordung.

— Greece: Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General


Secretariat of Industry).

— Ireland: Department of Enterprise and Employment.

— Italy: Ministero dell' Industria, del Commercio e dell' Artigianato.

— Luxembourg: Ministère de l'Économie — Service de l'Énergie de l'État.


Ministère du Travail (Inspection du Travail et des Mines).

— Netherlands: Minister van Volksgezondheid, Welzijn en Sport (consumer goods).


Minister van Sociale Zaken en Werkgelegenheid (others).

— Portugal: Under the authority of the Government of Portugal:


Instituto Português da Qualidade.
C 151 E/228 EN Official Journal of the European Communities 25.6.2002

— Spain: Ministerio de Ciencia y Tecnología.

— Sweden: Under the authority of the Government of Sweden:


Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

— United Kingdom: Department of Trade and Industry.

Latvia: Ekonomikas ministrija (Ministry of Economy)

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to Latvia in accordance with Article 10 of this Protocol.

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the
Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard clauses

A. Safeguard clause relating to industrial products

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision
and how non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other
the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on
the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association
Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the
market.

B. Safeguard clause relating to harmonised standards

1. Where the Republic of Latvia considers that a harmonised standard referred to in the legislation defined in this
Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving
the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance
with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.


25.6.2002 EN Official Journal of the European Communities C 151 E/229

ANNEX

on Mutual Recognition of results of Conformity Assessment

ELECTROMAGNETIC COMPATIBILITY

SECTION I

COMMUNITY AND NATIONAL LAW

Community law: Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member
States relating to electromagnetic compatibility (OJ L 139, 23.5.1989, p. 19), as last amended
by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).

National law: Regulations of the Cabinet of Ministers of May 30, 2000 No 188 (Latvijas Vēstnesis
No 201/204, 2.6.2000, p. 5), as amended by Regulations No 78 of 20 February 2001
(Latvijas Vēstnesis No 31, 23.2.2001 p. 3).

SECTION II

NOTIFYING AUTHORITIES

European Community:

— Austria: Bundesministerium für Wirtschaft und Arbeit.

— Belgium: Ministère des Affaires Économiques/Ministerie van Economische Zaken.

— Denmark: Telestyrelsen.

— Finland: Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

For EMC aspects of telecommunications and radio equipment:

Liikenne-ja viestintäministeriö/Kommunikationsministeriet.

— France: Ministère de l'économie, des finances et de l'industrie. Direction Générale de l'Industrie,


des Technologies de l'Information et des Postes (DiGITIP), SQUALPI.

— Germany: Bundesministerium für Arbeit und Sozialordung.

— Greece: Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General


Secretariat of Industry).

— Ireland: Department of Enterprise and Employment.

— Italy: Ministero dell' Industria, del Commercio e dell' Artigianato.

— Luxembourg: Ministère de l'Économie — Service de l'Énergie de l'État.

— Netherlands: Minister van Verkeer en Waterstaat.

— Portugal: Ministério do Equipamento Social. Instituto das Comunicações de Portugal.

— Spain: Ministerio de Ciencia y Tecnología.

— Sweden: Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

— United Kingdom: Department of Trade and Industry.

Latvia: Ekonomikas ministrija (Ministry of Economy)


C 151 E/230 EN Official Journal of the European Communities 25.6.2002

SECTION III

NOTIFIED AND COMPETENT BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to Latvia in accordance with Article 10 of this Protocol.

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the
Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard clauses

A. Safeguard clause relating to industrial products

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision
and how non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other
the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on
the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association
Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the
market.

B. Safeguard clause relating to harmonised standards

1. Where the Republic of Latvia considers that a harmonised standard referred to in the legislation defined in this
Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving
the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance
with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.


25.6.2002 EN Official Journal of the European Communities C 151 E/231

ANNEX

on Mutual Recognition of results of Conformity Assessment

TOYS

SECTION I

COMMUNITY AND NATIONAL LAW

Community law: Council Directive of 3 May 1988 on the approximation of the laws of the Member States
concerning the safety of toys (88/378/EEC) (OJ L 187, 16.7.1988, p. 1), as amended by Council
Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).

National law: Regulations of the Cabinet of Ministers of 4 April 2000 No 128 ‘Regulations on safety of toys’
(Latvijas Vēstnesis No 125, 7.4.2000, p. 2), as amended by . . .

SECTION II

NOTIFYING AUTHORITIES

European Community:

— Austria: Bundesministerium für soziale Sicherheit und Generationen.

— Belgium: Ministère des Affaires Économiques/Ministerie van Economische Zaken.

— Denmark: Økonomi- og Erhvervsministeriet, Forbrugerstyrelsen.

— Finland: Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

— France: Ministère de l'Économie et des Finances.

— Germany: Bundesministerium für Arbeit und Sozialordung.

— Greece: Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General


Secretariat of Industry).

— Ireland: Department of Enterprise and Employment.

— Italy: Ministero de l'Industria.

— Luxembourg: Ministère du travail et de l'emploi.

— Netherlands: General Inspectorate for Health Protection.

— Portugal: Divisão de Estudos de Produtos do Instituto do Consumidor.

— Spain: Ministerio de Ciencia y Tecnología.


Instituto Nacional de Consumo.

— Sweden: Under the authority of the Government of Sweden:


SWEDAC-Styrelsen för ackreditering och teknisk kontroll.

— United Kingdom: Department of Trade and Industry.

Latvia: Ekonomikas ministrija (Ministry of Economy)

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to the Latvia in accordance with Article 10 of this Protocol.

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the
Community in accordance with Article 10 of this Protocol.
C 151 E/232 EN Official Journal of the European Communities 25.6.2002

SECTION IV

SPECIFIC ARRANGEMENTS

1. Information concerning the certificate and the technical file

In accordance with Article 10(4) of Directive 88/378/EEC, the authorities listed in section II may obtain on request a
copy of the certificate and, on reasoned request, a copy of the technical file and the reports on the examinations and
tests carried out.

2. Notification of grounds for refusal by approved bodies

In accordance with Article 10(5) of Directive 88/378/EEC, the Latvian bodies shall inform the Ministry of Economy
when refusing to issue an EC type-examination certificate. The Ministry of Economy shall likewise notify the
Commission of the European Communities thereof.

3. Safeguard clauses

A. Safeguard clause relating to products

1. Where a Party has taken a measure to deny free access to its market for products bearing the CE marking, subject
to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how
non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other
the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on
the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association
Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the
market.

B. Safeguard clause relating to harmonised standards

1. Where the Republic of Latvia considers that a harmonised standard referred to in the legislation defined in the
present annex, does not meet the essential requirements of such legislation, it shall inform the Association
Council giving the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance
with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.


25.6.2002 EN Official Journal of the European Communities C 151 E/233

ANNEX

on Mutual Recognition of results of Conformity Assessment

CONSTRUCTION PRODUCTS

SECTION I

COMMUNITY AND NATIONAL LAW

Community law: Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations
and administrative provisions of the Member States relating to construction products (OJ L 40,
11.2.1989, p. 12), as amended by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220,
30.8.1993, p. 1).

National law: Building Law of 10.8.1995 (Latvijas Vēstnesis No 131, 30.8.1995) as amended by Law of
27.2.1997 (Latvijas Vēstnesis No 69/70, 11.3.1997) and Law of 1.10.1997 (Latvijas Vēstnesis
No 274/276, 21.10.1997).

Cabinet Order 313 of 17 June 1998 On authorisation of bodies involved in conformity


attestation of building materials and construction products in mandatory area.

Regulations of the Cabinet of Ministers No 181 ‘Procedure of conformity attestation of building


materials and construction products’ (Latvijas Vēstnesis No 52, 30.3.2001).

Building Code LBN 006-00 ‘Essential Requirements for construction works’ (Latvijas Vēstnesis
No 52, 30.3.2001).

SECTION II

NOTIFYING AUTHORITIES

European Community:

— Austria: Bundesministerium für Wirtschaft und Arbeit.

— Belgium: Ministère des Communications et de l'Infrastructure/Ministerie van Verkeer & Infra-


structuur.

— Denmark: Økonomi- og Erhvervsministeriet, Erhvervs- og Boligstyrelsen.

— Finland: Ympäristöministeriö/Miljöministeriet.

— France: Ministère de l'Industrie.


Ministère de l'Équipement.

— Germany: Bundesministerium für Verkehr, Bau- und Wohnungswesen.

— Greece: Υπουργείο Περιβάλλοντος Χωροταξίας και ∆ηµοσίων Έργων (Ministry of Environment


Physical Planning and Public Works).

— Ireland: Department of the Environment and the Local Government.

— Italy: ...

— Luxembourg: Ministère de l'Économie — Service de l'Énergie de l'État.

— Netherlands: Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer. Directoraat


Generaal van de Volkshuisvesting.

— Portugal: Ministério da Economia. Direcçao-General da Indústria/Instituto Português da


Qualidade (IPQ).

— Spain: Ministerio de Fomento.


Ministerio de Ciencia y Tecnología.

— Sweden: Under the authority of the Government of Sweden:


Styrelsen för ackreditering och teknisk kontroll (SWEDAC).

— United Kingdom: Department of Transport, Local Government and the Regions.

Latvia: Ekonomikas ministrija (Ministry of Economy)


C 151 E/234 EN Official Journal of the European Communities 25.6.2002

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to Latvia in accordance with Article 10 of this Protocol.

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the
Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

1. Scope and coverage

The provisions of this Annex shall only apply construction products covered by harmonised standards and corre-
sponding Latvian national standards.

2. Safeguard clauses

A. Safeguard clause relating to products

1. Where a Party has taken a measure to deny free access to its market for products bearing the CE marking, subject
to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how
non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other
the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on
the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association
Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the
market.

B. Safeguard clause relating to harmonised standards

1. Where the Republic of Latvia considers that a harmonised standard referred to in the legislation defined in the
present annex, does not meet the essential requirements of such legislation, it shall inform the Association
Council giving the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance
with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.


25.6.2002 EN Official Journal of the European Communities C 151 E/235

DECLARATION BY THE COMMUNITY ON THE ATTENDANCE OF LATVIAN REPRESEN-


TATIVES AT COMMITTEE MEETINGS

In order to ensure a better understanding of the practical aspects of the application of the acquis commun-
autaire, the Community declares that the Republic of Latvia is invited, under the following conditions, to
the meetings of the committees established or referred to under the Community law on electromagnetic
compatibility, electrical safety and construction products.
This participation shall be limited to meetings or parts thereof during which the application of the acquis is
discussed; it shall not entail attendance at meetings intended to prepare and issue opinions on implemen-
tation or management powers delegated to the Commission by the Council.
This invitation may be extended, on a case-by-case basis, to groups of experts convened by the
Commission.